(1.) By way of the present judgment, I shall decide the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).
(2.) Submissions on behalf of the counsels were heard on 7th December, 2022, 13th December, 2022 and 6th January, 2023, when judgment was reserved and liberty was given to both parties to file written submissions within one week. Pursuant thereto, written submissions have been filed on behalf of the parties.
(3.) Briefly, the case set up by the plaintiff in the plaint is as follows: